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The PEPFAR 2008 reauthorization bill before Congress has an amendment -- according to reports, pushed for by two senators, John Kerry (Dem-Mass) and Gordon Smith (REPUBLICAN!-Oregon) -- relating to the Immigration and Nationality Act. Specifically:

SEC. 305. AMENDMENT TO IMMIGRATION AND NATIONALITY ACT.

Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) is amended by striking `, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,' and inserting a semicolon.

The odious clause is struck out!

The House has already passed a version of the bill without this language, but it seems that that when the two versions are reconciled in committee, House leadership is definitely in favor of the inclusion of this amendment. And since Bush 43 wants so badly for PEPFAR to be seen as a major legacy of his presidency, there doesn't seem to be opposition from the White House. The bill is currently held up in the Senate by seven Republican senators, but on grounds unrelated to this amendment. There will be some political horse-trading -- or "due diligence" as they like to call it -- but it looks like, just maybe, this time 'round, the ban -- on travel as well as immigration -- will be lifted.

And what with Obama promising to repeal ALL of DOMA... Someone pinch me!

Jay

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Good to hear - been long enough underway and it really can't come too soon! Meant to be going to the US later this year and having to sneak past customs with meds in my bag is going to be unnerving otherwise..

President Bush’s program to fight HIV/AIDS is considered by Republicans and Democrats alike to be one of the unvarnished foreign policy successes of his presidency.

So why has broad bipartisan legislation seeking to more than triple the program’s funding to $50 billion caused such a rancorous fight?

Ask Sen. Tom Coburn, M.D.

The Oklahoma Republican, along with six other social conservatives, has put a hold on the bill in the Senate, unless a provision is added to direct most of the spending toward treatment for HIV/AIDS rather than toward prevention and other priorities. Otherwise, Coburn said, “the vast majority of the money is going to get consumed by those wanting to help people with HIV, rather than [by] people with HIV.”

Coburn argues that treatment of HIV/AIDS-affected individuals usually drops their viral load to the point where they will not infect other people, and thus, it’s “the No. 1 prevention protocol we have.”

But many other Republicans and Democrats, as well as outside public health experts and AIDS charities, dispute Coburn’s math. With the program, called the President’s Emergency Plan for AIDS Relief, set to expire in September, they are very concerned.

“Most experts agree that treatment is only one small part of the prevention agenda,” said Denis Nash, director of monitoring, evaluation and research at the International Center for AIDS Care and Treatment Programs at Columbia University.

Nash, whose work includes studying the efficacy of PEPFAR programs, said that while anti-retroviral medication does considerably reduce the viral load, fewer than 10 percent of the 33 million people infected with HIV are receiving treatment.

“The prevention effect of treatment is not likely to be anywhere near the magnitude of prevention through prevention,” including safe-sex education and condom distribution, said Mead Over, senior fellow at the Center for Global Development.

The legislation scraps the previous requirement that 55 percent of the HIV/AIDS appropriation be spent on treatment and drugs and that about 30 percent of prevention funds be allocated to abstinence education. This is in line with a recommendation from the National Academy of Sciences’ Institute of Medicine and the findings of the Government Accountability Office, which instead recommended providing flexibility of spending based on a country’s specific conditions.

The Institute of Medicine found that the treatment mandate from the original 2003 legislation had led to “stovepiping,” in which recipients were tailoring their programs to meet the U.S. requirements, instead of allocating the money based on the actual needs in their countries. The elimination of the treatment mandate was also based on the fact that the cost of anti-retroviral medications has decreased considerably in recent years.

Critics also point out that the HIV/AIDS program has become a disproportionate component of U.S. foreign assistance in many countries, while other development programs are neglected.

In Kenya, for instance, PEPFAR accounts for 80 percent of American foreign aid. Meanwhile, emergency food aid and many programs are chronically underfunded.

But the funding of related public health and development programs is exactly the type of spending that Coburn and the six other senators are worried about.

In a letter last March to Senate Minority Leader Mitch McConnell (R-Ky.) requesting a hold on the bill, the seven conservative senators cited “irresponsible spending” and “mission creep” for “pet development causes” such as food, water, “treatment of other infectious diseases,” schools and teachers. The senators also charged that the bill “would allow morally questionable activities,” such as programs to “change gender norms” and “needle distribution to drug users.”

The stand on the bill by Coburn and the other six senators puts them in opposition with many senior members of the GOP, who warned in a letter to Senate leaders last month of the national security and diplomatic damage that would be done if PEPFAR is not reauthorized before the G-8 meeting of large industrial nations next month in Japan.

“Investments in PEPFAR are paying major dividends, both by creating a more positive global perception of the United States and by bringing stability and hope to strategic regions across the globe,” said 14 Republican senators, including Dick Lugar of Indiana, the ranking Republican on the Foreign Relations Committee; Arlen Specter of Pennsylvania, the ranking Republican on the Judiciary Committee; and Susan Collins of Maine, the ranking Republican on the Homeland Security and Governmental Affairs Committee.

Getting the legislation signed into law before the G-8 summit would allow Bush to “use it to leverage additional commitments” from the other major industrial powers, they wrote.

In statements about the legislation, Lugar has emphasized his support for the provisions that focus on the vulnerability of women and girls, the necessity of funding for food and nutrition, and the need to circumscribe the abstinence directive so that it does not choke off funding for other important programs such as the prevention of mother-to-child transmission.

“Congress should avoid descending into time-consuming quarrels over provisions that are unnecessary or that have little to do with the core mission of the bill,” Lugar said.

Many faith-based organizations are also urging quick passage of the legislation. Last month, the National Association of Evangelicals, the United Methodist Church and the American Baptist Churches USA were among 63 groups urging Senate leaders to allow a vote on the bill.

“There is a growing feeling that so much of the good that has been accomplished already might be jeopardized if no action is taken soon,” the groups said in a letter to the Senate leadership.

Flexibility now in the bill allows for assistance for vulnerable and orphaned children who otherwise could be recruited as child soldiers, prostitutes or child laborers, said Jennifer Delany of Global Action for Children, a nonprofit organization that has as its honorary co-chairwoman Angelina Jolie, the goodwill ambassador for the United Nations High Commissioner for Refugees. The program currently assists 2.7 million at-risk children, a number that would almost double if the additional funding is passed.

Focusing on treatment alone is not enough, Delany said. “You can’t just wait for people to get infected and then offer treatment,” she said. “Treatment should be the last line of defense.”

One group that stands to gain from the legislation, the pharmaceutical industry, is keeping its distance.

Ken Johnson, senior vice president of the Pharmaceutical Research and Manufacturers of America, said that his organization did not have any comment on the hold but was “hopeful that this important legislation will move forward.”

At the same time, Coburn, famous for his enmity to earmarks, does not see a contradiction in his decision to put holds on other bipartisan legislation to study diseases such as breast cancer and Lou Gehrig’s disease. “The scientists ought to decide where we spend research dollars, other than the lobbyists and members of Congress,” said Coburn.

His desired mandate for 55 percent of the PEPFAR funds to be spent on treatment is not the same thing, he said. “This is not an earmark; it is a policy that’s proven, that’s worked.”

Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Well, Harry Reid (Majority Leader) has given the legislators working on a compromise until Tuesday to iron things out. Scratch the "Optimistic" from the thread title. In public, anyway, Reid calls the obstructionism of the Coburn 7 "confounding and indefensible."

Desmond Tutu joined the chorus of prominent supporters pleading for reauthorization of PEPFAR this year, before the G8 summit in early July or at least before the previous authorization expires in September. I started this thread because of the amendment about the travel/immigration ban, but of course there's a helluva lot more at stake than just that.

Can someone explain to me why there's a hold-up in the first place? Fourteen prominent Republicans have come out in support of reauthorization, and by my count the reauthorization has 60+ votes, should Reid allow floor time for it this legislative season. Isn't that what is known as a filibuster-proof majority?

Puzzled and frustrated,Jay

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Senate Majority Leader Harry Reid (D-Nev.) announced Wednesday night that lawmakers from both parties had agreed “in principal” on a deal to move a massive international AIDS relief package.

The $50 billion program to fight AIDS, tuberculosis and malaria abroad had been stalled in the Senate for months after clearing the House earlier this year.

Several Republican senators, led by Sen. Tom Coburn (R-Okla.) had objected to the manner in which some of the AIDS funding was to be distributed in the bill.

Reid announced the breakthrough in a statement Wednesday night, however he did not offer any specifics on the compromise.

“Now that we have an agreement in principle, my strong preference would be to get this bill done this week,” said Reid. “We should be able to do this quickly and easily – and it should be done before President Bush goes to the G-8 Summit next week. That would send an important message to the world that our country’s commitment to fight HIV/AIDS has not wavered.”

Reid said he hoped his Republican colleagues would agree to pass the bill by unanimous consent, thus avoiding a protracted debate on the issue which has broad bipartisan support.

He also said he was “confident” that Republicans would agree to the agreement, although Reid did say lawmakers were still waiting on the final text of the bill.

* * *

The Washington Times Op-Ed by Senators Kerry and Smith (Wednesday, June 25):

There are approximately 32 million people outside of the United States living with HIV/AIDS. Since 2003, America has extended a helping hand to these individuals by spending more than $15 billion on the largest international health commitment ever to fight a single disease. Unfortunately, as we open our wallets to fund lifesaving treatments to those living with HIV/AIDS overseas, we will not open our doors.

Today, HIV is the only medical condition that renders people inadmissible to the United States. In fact, we are just one of 12 countries that prohibit, almost without exception, HIV-positive non-citizens from entering the country (China has recently overturned its ban). This policy places the United States in the same company as Sudan, Russia, Libya and Saudi Arabia.

Such a discriminatory policy has no basis in public health, let alone common sense.

We are proud to have introduced the HIV Nondiscrimination in Travel and Immigration Act to overturn this unfair policy.

There is no excuse for a law that goes out of its way to stigmatize a particular disease and separate parents from children, sisters from brothers, and people of all stripes from their work, travel and dreams of a better life.

We are glad that President Bush wants to weaken the ban - but we should simply strike it from the books so that HIV is considered like any other infectious disease. Our bill has been included in the Senate version of the President's Emergency Plan for AIDS Relief (PEPFAR) reauthorization bill and we hope that this legislation passes and is signed into law so we can finally get rid of this outdated policy.

The law we seek to overturn first came into being back in 1987, when a deadly, explosive epidemic spawned a climate of fear and ignorance that got the better of many well-intentioned people. A sense that HIV/AIDS was a dangerous disease that belonged exclusively to others - to people from another continent or those who practice a different lifestyle - hardened into a bunker mentality.

But in 2008, we know better. HIV is transmitted through sex or needle-sharing - not the casual contact that might lead a government to aggressively restrict movement. We have known better for years - which is why then-Presidents George H.W. Bush and Bill Clinton also supported overturning the ban.

There is no just cause for treating those with HIV-AIDS as modern-day lepers, and many of us personally know at least one of the 1 million HIV-positive Americans who rise above the stigma of their disease to lead long and productive lives.

Laws denying freedom of movement to the HIV-positive aren't just immoral - they also hurt our ability to fight and understand the disease. The International AIDS Society, one of the most important groups dedicated to combating HIV/AIDS has held its last two biannual conferences in Canada and Mexico because it desperately wants American scientists to attend, but too many of its researchers and panelists cannot enter the country. Being able to host conferences like these is a crucial factor in - and an important symbol of - leading the world's fight against HIV/AIDS.

We have come a long way and we are proud of that. It wasn't that long ago when the name of this disease was rarely uttered in public. Today, the current president doesn't just talk about fighting HIV/AIDS, but works with Congress to put another $30 billion behind America's words.

Actions matter. Leading by example in the fight against HIV/AIDS has left millions in the developing world grateful to America for our life-saving help.

It's time we sent the same message by finally ending our needlessly discriminatory laws penalizing those with HIV/AIDS.

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

In that article about Coburn his quote seemed to suggest he wanted to spend more money on treatment and less on prevention - I couldn't agree more. Seems to me like free treatment is a lot more important than these prevention programs, though I suppose I'm biased being positive already.

Don't get me wrong, I despise Coburn and suspect that anything he says is a misrepresentation or cover for a hidden right-wing christian agenda, but that one statement made sense to me.

Senate Majority Leader Harry Reid (D-Nev.) announced Wednesday night that lawmakers from both parties had agreed “in principal” on a deal to move a massive international AIDS relief package.

The $50 billion program to fight AIDS, tuberculosis and malaria abroad had been stalled in the Senate for months after clearing the House earlier this year.

Several Republican senators, led by Sen. Tom Coburn (R-Okla.) had objected to the manner in which some of the AIDS funding was to be distributed in the bill.

Reid announced the breakthrough in a statement Wednesday night, however he did not offer any specifics on the compromise.

Yet - this morning was the below story in the Charlotte Observer: I'm just disgusted.

DeMint, Burr block AIDS programBush had widespread support for expanding initiative that's already saved an estimated 2 million lives since its launch.By James RosenMcClatchy Newspapers

WASHINGTON --Sen. Jim DeMint, R-S.C., on Wednesday spearheaded opposition to a $50 billion expansion of President Bush's signature program to combat AIDS in Africa and elsewhere overseas.

DeMint, Sen. Richard Burr, R-N.C., and five other Republican senators blocked Senate consideration of a bill that would more than triple U.S. aid to nations most stricken by AIDS, tuberculosis and malaria, and to international relief groups helping them.

“For us to attempt to buy friendship around the world by spending $50 billion is just completely irresponsible,” DeMint said. “There are enough worthy causes around the world to bankrupt us a hundred times over.”

Hundreds of AIDS activists planned to come to Washington on Friday and deliver funeral wreaths to DeMint and the other six GOP senators opposing the legislation to reauthorize the AIDS program for five years.

“Global health programs, particularly for AIDS, are the best ambassadors for the United States because they showcase America's leadership on things that matter to people on a personal level,” said David Bryden, communications director of the Global Aids Alliance, a Washington-based advocacy group.

Bush would like Congress to pass what he calls the “President's Emergency Plan for AIDS Relief” before he leaves for the Group of Eight summit early next month.

“While we would like to have it passed tomorrow, I don't think we're putting a deadline on it in terms of the G-8,” White House spokesman Dana Perino said Wednesday. The U.S. anti-AIDS program, a $15 billion initiative Bush launched to great fanfare in 2003, has saved 2 million lives, mainly in Africa, supporters say.

Bush earlier this year proposed doubling the program to $30 billion over the next five years. Congressional leaders from both parties increased funding to $50 billion, with most of the added money targeting tuberculosis and malaria abroad.

Iggy, the announcement by Reid came late on Wednesday, after normal business hours. So it's just possible that a deal was brokered at the last minute. I just want to believe that it happened/will happen so bad... Well, we'll find out soon enough.

Given the importance of this legislation, I set a deadline of yesterday for the negotiations to be completed. I am pleased to announce that we have mainly completed those negotiations and reached a deal in principle.

I want to thank Senators Biden and Lugar for their leadership during these negotiations and for their hard work over the past few days to close the deal on the final issues. Senators Coburn, Enzi, Burr, Kennedy, and the White House have all taken part as well. I appreciate the compromises that all of have made so that we can move this critical legislation forward.

We still need to get a complete final text from legislative counsel, which we are working hard to do right now. Now that we have an agreement in principle, my strong preference would be to get this bill done this week. We should be able to do this quickly and easily – and it should be done before President Bush goes to the G-8 Summit next week. That would send an important message to the world that our country’s commitment to fight HIV/AIDS has not wavered.

« Last Edit: June 26, 2008, 10:55:36 AM by lydgate »

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Nope, they haven't. But the hurdle was the Senate. If it passes the Senate (simple majority or preferably 60+ votes) then the task of reconciling the two versions begins -- with House leadership (Nancy Pelosi is strongly in favor of including the immigration/travel provisions) saying they will act swiftly to incorporate the necessary language and vote on it again. So, yes, the process is far from complete, but "overcoming" the Coburn 7 was always the biggest challenge.

Jay

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Senate Majority Leader Harry Reid (D-Nev.) announced Wednesday night thatDemocratic and Republican leaders appeared to have settled differencesover a global AIDS relief bill that includes a provision repealing a15-year-old law banning foreign visitors and immigrants with HIV fromentering or seeking permanent residence in the U.S.

[snip]

No serious opposition surfaced against the provision calling for repeal ofthe HIV visitor and immigrant ban.

The question now is how to deal with the holdouts, who -- it bears repeating -- are preventing the Senate from even voting on a measure that a bipartisan majority would approve if given the chance. With Congress on its Fourth of July break and with little time left to deal with housing, counterterrorism surveillance and other issues before the August recess, Majority Leader Harry M. Reid (D-Nev.) had hoped the Senate would debate a limited number of amendments and vote on PEPFAR within a day. That won't happen unless someone gets Mr. DeMint and company to change their minds. Given the Democrats' flexibility with Mr. Coburn, it is up to the Senate Republican leadership and, especially, the White House, to take the lead. If they fail, however, Mr. Reid simply must find the time to pass PEPFAR, even if it means a longer process than he and his colleagues would like. If the price of saving lives is a few lost vacation days for Congress, we say: Pay it.

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

A global AIDS relief bill that includes language calling for the repeal of a law that bans foreign visitors and immigrants with HIV from entering the U.S. cleared a major hurdle Friday when the Senate voted 65 to 3 to end a filibuster that had blocked the legislation for more than two months.

But the provision calling for repealing the HIV visitor and immigrant ban faces another obstacle next week, when Sen. Jeff Sessions (R-Ala.) is expected to introduce an amendment calling for striking the repeal provision from the legislation, officially know as the President’s Emergency Plan for AIDS Relief or PEPFAR.

Senate Majority Leader Harry Reid (D-Nev.) named Sessions as the senator seeking to kill the repeal provision minutes before the Senate voted to end the PEPFAR filibuster. Reid read a list of at least 10 PEPFAR amendments expected to be introduced on Monday and identified the author of each one.

A vote on the full PEPFAR measure could come as soon as Monday or sometime later in the week, Reid said.

A vote on the full PEPFAR measure could come as soon as Monday or sometime later in the week, Reid said.

The summer of a heated quadrennial election year is rarely the time to attempt major reforms, as sensible and humane as they may be, like lifting the HIV travel ban. Forcing a recorded vote on the amendment to remove the ban repeal from the PEPFAR provides social neanderthals (a.k.a. conservatives on both sides of the isle) with a better weapon in campaign ads. In advance of any possible vote, potential traitors like Feinstein and Lieberman need to be put on notice by their constituents--vote to uphold the ban and hivers will see to your demise.

Just watched a bit from the Senate live on c-span.org and the sponsoring senator - Biden - said he believes the final vote on the PEPFAR bill should be possible before close of business today. There are only a few more amendments they need to vote on. They have turned to other business right now but will return to the bill later on today. As far as I can make out the repeal of the travel ban is still included in the bill. Fingers crossed..

Politics and Policy | Senate Defeats Two Republican Amendments to PEPFAR Reauthorization Measure[Jul 16, 2008] The Senate on Tuesday defeated two Republican amendments to legislation (S 2731) that would reauthorize the President's Emergency Plan for AIDS Relief by "overwhelming margins," suggesting that a broad majority could pass the measure through the chamber "unscathed," CQ Today reports.

The bill did indeed pass the Senate including, it seems, the repeal of the travel ban. Hurray!

Presumably the bill is now likely to get passed by the House as well?

The repeal of the travel ban aside, I think there's precious few things Bush can be proud of during his presidency but the PEPFAR programme is definitely one of them. It has made, and now will continue to make, a huge difference to the fight against AIDS in the very poorest parts of the world.

WASHINGTON - The Human Rights Campaign, the nation's largest gay, lesbian, bisexual and transgender civil rights organization, praised the U.S. Senate today for approving the repeal of our nation's discriminatory law barring HIV-positive visitors and immigrants. Senators John Kerry (D-MA) and Gordon Smith (R-OR) secured a provision to repeal this ban in the Senate's legislation to reauthorize PEPFAR, the President's Emergency Plan for AIDS Relief. The PEPFAR bill passed the Senate today with the Kerry-Smith provision by a vote of 80 to 16 and now moves to conference committee before being sent to the President.

Senator Jeff Sessions (R-AL) had introduced an amendment to strike the Kerry-Smith provision from the PEFPAR bill. However, the efforts of Senators Kerry and Smith in addition to robust advocacy from HRC and our coalition partners secured enough opposition to the Sessions amendment that the Senator agreed not to bring it forward for a vote.

"We applaud the Senate for rejecting this unjust and sweeping policy that deems HIV-positive individuals inadmissible to the United States," said Human Rights Campaign President Joe Solmonese. "We call on the leaders of the House and Senate to retain the Kerry-Smith provision in conference and ensure it is included in the final legislation sent to the President's desk."

"The HIV ban is ineffective, unnecessary, and simply bad public health policy," said Rachel B. Tiven, executive director of Immigration Equality. "It is especially harmful to gay and lesbian families, who do not benefit from the waiver available to opposite-sex couples. The Senate's change is welcome, and long overdue."

HRC has been a lead organization lobbying on Capitol Hill for the repeal. The Human Rights Campaign has worked closely with the offices of Sens. John Kerry and Gordon Smith, as well as Rep. Barbara Lee (D-CA), the sponsor of an effort to repeal the ban in the House of Representatives. Both Sen. Kerry and Rep. Lee participated in a national media conference call held by HRC in March. In addition to action alerts urging members to contact their Senators, HRC and Immigration Equality drafted a coalition letter on behalf of more than 165 organizations in support of the Kerry-Smith provision in the PEPFAR bill, and has directly lobbied numerous Senate offices on the repeal measure.

In December of 2007, Senators Kerry and Smith introduced legislation, the HIV Non-Discrimination in Travel and Immigration Act (S. 2486), to repeal the ban. In the House, U.S. Rep. Barbara Lee (D-CA) introduced similar the legislation, H.R. 3337, in August 2007. The travel and immigration ban prohibits HIV-positive foreign nationals from entering the U.S. unless they obtain a special waiver, which can only allow for short-term travel. Current policy also prevents the vast majority of foreign nationals with HIV from obtaining legal permanent residency in the United States.

The ban originated in 1987, and explicitly codified by Congress in 1993, despite efforts in the public health community to remove the ban when Congress reformed U.S. immigration law in the early 1990s. While immigration law currently excludes foreigners with any "communicable disease of public health significance" from entering the U.S., only HIV is explicitly named in the statute. For all other illnesses, the Secretary of Health and Human Services retains the ability, with the medical expertise of his department, to determine which illnesses truly pose a risk to public health.

The Human Rights Campaign is America's largest civil rights organization working to achieve gay, lesbian, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against GLBT citizens and realize a nation that achieves fundamental fairness and equality for all.

"Senators John Kerry (D-MA) and Gordon Smith (R-OR) led the effort to repeal the HIV ban. Said Senator Kerry, "Today we are one step closer to ending a discriminatory practice that stigmatizes all those living with HIV, squanders our moral authority, and sets us back in the fight against AIDS. By passing PEPFAR today the Senate not only has made a powerful statement about our commitment to eradicating HIV/AIDS but we have also voted to overturn the HIV travel and immigration ban that has no foundation in public health or common sense. There was no reason for this policy to still be on the books, and I am proud to have been part of eliminating this draconian ban. I sincerely hope we can get this to the President as quickly as possible to finally end this misguided policy."

On to the House and then the White House. And then, if all goes well... it'll really really be time to celebrate!

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Senator Biden, who managed the bill, just said they will probably avoid a conference with the House and send the bill forthwith to the president's desk. Barring some unforeseen event, the HIV Travel Ban - a relic of the days when HIV was a source of fear and stigma and terror - is finally over.

The bill, including the provision lifting the ban, will now go to a joint committee of the House of Representatives and the Senate, where any differences will be ironed out, before going to President George W Bush for approval.

The House on Thursday is expected to approve a bill (HR 5501) to reauthorize the President's Emergency Plan for AIDS Relief that was passed by the Senate last week, CQ Today reports. President Bush likely will sign the bill, which would authorize $48 billion for the program. "The bill before you is truly a compromise in the best sense of the word," Rep. Barbara Lee (D-Calif.) said. Rep. Ileana Ros-Lehtinen (R-Fla.) said, "The challenges have been great ... but the urgency of the HIV/AIDS pandemic has moved us toward this bicameral, bipartisan consensus" (Graham-Silverman, CQ Today, 7/23).

The legislation allocates a total of $50 billion -- $48 billion of which would go to PEPFAR and $2 billion of which would go to American Indian issues. The bill also includes an amendment intended to increase oversight of the Global Fund To Fight AIDS, Tuberculosis and Malaria and encourage cost-sharing and transition strategies as part of agreements with countries that receive PEPFAR aid. The measure also includes a provision that would ease U.S. HIV/AIDS travel restrictions.

And so, even if/when Bush signs the Bill, the ban technically stays in effect, pending some sort of DHHS directive?

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Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

Yes, that is the same question question I asked in some other immigration forum. I think DHHS rules have to be re-written to reflect the new laws. And that might take sometime. Lets hope it gets done faster...

Well, the Secretary of the DHHS -- three-time governor of Utah, a member of the Church of LDS, former Administrator of the EPA, first cabinet-level blogger -- Mike Leavitt, seems to be a loyal Bushie (am I coining a phrase?), so...

Curious what the time-frame here is, from Congress and (probably) the White House signing off on the Bill, to DHHS bureaucrats actually issuing enough bureaucratese to visa officers in the State Department, to Homeland Security administrators, and of course to the population at large.

Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

In the interest of public safety, Immigration requires forums to be filled regarding communicable diseases.

Will the US Customs still want to mark passports of HIV+ people with bold red lettering, "HIV"

Most all of us would agree that this is a step forward but if the above mentioned procedure of stamping passports won't be discontinued than it is merely a politically correct qesture and not a true victory against discrimination.

Marking people's passports with HIV would be a reversal of their anti-discriminatory policies. I doubt they will do so - but who knows -- it is. Other countries - such as Canada have more humane policies, and they can model those.

In the interest of public safety, Immigration requires forums to be filled regarding communicable diseases.

Will the US Customs still want to mark passports of HIV+ people with bold red lettering, "HIV"

Most all of us would agree that this is a step forward but if the above mentioned procedure of stamping passports won't be discontinued than it is merely a politically correct qesture and not a true victory against discrimination.

I thought it would be anti-climactic, I'd been expecting this day for weeks. But when I did read the AFP story I did feel a peculiar sense of... a weight being lifted off of me. And then I cried a little.

As a non-U.S. citizen who's lived in the States for 10 years now -- the last three of them with HIV -- I can finally walk down Main Street, in this country I've chosen to make my home, without the distant but omnipresent dread that I am, in a very real sense, a trespasser. (I once had a vivid nightmare in which a mob -- rather like the mobs in episodes of The Simpsons -- were shouting and spitting at me, holding placards saying things like "Diseased Foreigners Not Allowed Here!" etc.)

I am going to be very hungover tomorrow morning.

Jay

Logged

Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.